1142 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART 75

Removal of Causes.

P. G. L., (1860,) art. 75, sec. 74. 1862, ch. 174. 1805, ch. 65, sec. 49. 1868,
ch. 180. 1874, ch. 364.

97. The parties to any cause may submit the same to the
court for determination without the aid of a jury; and in all
suits or actions at law, issues from the orphans' court, or from any
court sitting in equity, and in all cases of presentments or indict-
ments for offences which are or may be punishable by death,
pending in any of the courts of law in this State having jurisdic-
tion thereof, upon suggestion in writing, under oath, of either of
the parties to said proceedings, that such party cannot have a fair
and impartial trial in the court in which the same may be pending,
the said court shall order and direct the record of proceedings in.
such suit or action, issue, presentment or indictment, to be trans-
mitted to some other court having jurisdiction in such case for
trial; but in all other cases of presentment or indictment pending
in any of the courts of law in this State having jurisdiction
thereof, in addition to the suggestion in writing of either of the
parties to such presentment or indictment, that such party cannot
have a fair and impartial trial in the court in which the same may
be pending, it shall be necessary for the party making such sug-
gestion to make it satisfactorily appear to the court that such
suggestion is true, or that there is reasonable- ground for the
fame; and thereupon the said court shall order and direct the
record of proceedings in such presentment or indictment to be
transmitted to some other court having jurisdiction in such cases
for trial; and such right of removal shall exist upon suggestion in.
cases when all the judges of said court may be disqualified, under
the provisions of the constitution, to sit in any such cose; and said
court to which the record of proceedings in such suit or action,
issue, presentment or indictment may be so transmitted, shall
hear and determine the same in like manner as if such suit or
action, issue, presentment or indictment had been originally insti-
tuted therein.

Queen v. Neale, 3 H & J. 158. Michael v. Schroeder, 4 H. & J. 227. State
v. Dashiell, 6 H & J. 268. Cromwell v. State, 12 G. & J. 257. Price v. State,
8 Gill, 309. Townshend v. Townshend, 9 Gill, 506., Stewart v. State, 1 Md 134.
Manly v. State, 1 Md. 141. Negro Jerry v. Townshend, 2 Md 278. Wright
v. Hamner, 5 Md. 370. State v. Shillinger, 6 Md 449. Manly v. State, 7 Md.
135. Raab v. State, 7 Md. 483. Hoshall v. Hoffacker, 11 Md. 362. M. & C. C.